Is it legally permissible to file for bankruptcy without notifying creditors and later provide a bankruptcy certificate and repayment promise?

In United Arab Emirates
Zuletzt aktualisiert: Feb 5, 2026
Is it legally permissible for someone to file for bankruptcy without the knowledge of the creditors and, after obtaining a bankruptcy certificate, provide it to the creditors three years later along with a formal obligation or pledge to repay, signed in front of witnesses? Would that constitute a breach of trust, manipulation of the law, or otherwise be unlawful?

Antworten von Anwälten

Rashid Deemas Alsuwaidi Advocate and Legal Consultants

Rashid Deemas Alsuwaidi Advocate and Legal Consultants

Feb 6, 2026
Beste Antwort
No, in most jurisdictions, it is not legally permissible to file for bankruptcy without notifying creditors, and a bankruptcy certificate issued after a non-notified process usually does not bind creditors. Promising repayment later does not cure the defect.
Farahat & Co. - Auditing Firm and TAX Consultants

Farahat & Co. - Auditing Firm and TAX Consultants

Feb 6, 2026
No, this would not be considered lawful in the UAE. Under UAE law, bankruptcy is a transparent, court-supervised process. Creditors must be informed and given the opportunity to participate. Filing for bankruptcy without notifying creditors goes against the purpose of the law. A bankruptcy certificate does not automatically cancel debts, and it cannot be used years later to justify non-payment or lack of disclosure. Providing the certificate to creditors three years later, along with a private promise or pledge to repay (even if signed before witnesses), does not cure the earlier violation. Such conduct may be viewed as bad faith or misuse of bankruptcy procedures, and depending on the circumstances, it can expose the person to civil liability and potentially criminal consequences, particularly if assets or liabilities were concealed.
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